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A60410 An impartial account of the tryal of Francis Smith upon an information brought against him for printing and publishing a late book commonly known by the name of Tom Ticklefoot, &c. : as also of the tryal of Jane Curtis, upon an information brought against her for publishing and putting to sale a scandalous libel, called A satyr upon injustice, or, Scroggs upon Scroggs. Smith, Francis, d. 1688, defendant.; Curtis, Jane, defendant. 1680 (1680) Wing S4026; ESTC R12969 5,113 8

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AN Impartial Account OF THE TRYAL OF FRANCIS SMITH Upon an INFORMATION Brought against him For Printing and Publishing a late Book commonly known by the Name of Tom Ticklefoot c. AS ALSO Of the TRYAL OF JANE CURTIS Upon an INFORMATION brought against her for Publishing and putting to Sale a Scandalous Libel called A Satyr upon Iniustice OR Scroggs upon Scroggs Printed in the Year 1680. AN Impartial Account OF THE TRYAL OF FRANCIS SMITH c. ON Saturday the seventh of this Instant February 1679 80. at the Guildhall in the City of London there was an Information between our Soveraign Lord the KING and Francis Smith Bookseller brought before Mr. Justice Jones one of the Judges of the Kings Bench and after the Jury was sworn Mr. Holt began after this manner Mr. Holt. May it please your Lordship here is an Information preferred in behalf of the KING against Francis Smith Bookseller and it sets forth that after Sir George Wakeman Will. Marshall Will. Rumley and James Corker were indicted and tryed on the 18th of July 1679. for divers High Treasons at the Sessions-house in the Old-Baily before Sir James Edwards then Lord Mayor of London and the Lord Chief Justice Scroggs and others the Defendant Francis Smith published a scandalous Libel relating to the late Tryals which was intituled Some Observations upon the late Tryal c. the words are particularly set forth in the Information to which the Defendant pleads not guilty but if we prove it upon him you of the Jury are to find for the King and if you find he is not guilty you are to say so and no more c. Then Mr. Recorder spake to this effect Mr. Recorder My Lord I am of Council against the Defendant for the King who stands informed against for a very great Offence the Information particularly sets forth that whereas some certain persons were indicted at the Sessions-house in the Old-Baily before the then Lord Mayor Sir James Edwards and other persons then in commission of Oyer and Terminer and Gaol-delivery for that place and particularly my Lord Chief Justice Scroggs and after the Tryal was over and the persons thereupon acquitted there was a Book which is mentioned in the Information printed and published and it is a Book that is known by the name of Tom Ticcklefoot a very abusive thing but persons now begin to grow wonderful witty in the beginning of their Books in hopes to insnare people to read them and to prevail upon them so far as to make them believe there is somewhat extraordinary by the title You see malice finds out all the waies in the world to insnare and gain upon the people to so bad an Age are we come But I confess it is the second time ever since I had the fortune or happiness to know this City of London that I have known such expectations as have been upon two Causes in this place the first was but two daies ago the second is at this time wherein is truly a sort of countenance I am afraid too much given by persons that dare pretend to be no other sort of Protestants but can impudently outface all sort of Governours Now as all persons ought to abhor and detest that damnable Doctrine that men hope to be Saints in another world because they may commit Murders in this so this ought too as much to be condemned by all Protestants as the other that men shall endeavour to rebel and be factious in this world that so they may be reckoned good Subjects the One are as far from being good Saints as the Others from being good Subjects I take this occasion to speak all this before your Lordship and this Court because I hope the City of London will never be corrupted by the base insinuating of some idle busie-bodies in it Men who cannot or will not be pleased because forsooth every thing does not go according to their mind and fancy and though by no means they will allow the POPE to be Infallible yet every factious fellow will expect that every one should pay him that tribute as Infallibly as if he were the only fit person to give Measures to Government and Governours When we come to have extraordinary cases and persons extraordinary occasions ought to be taken to inflict due and just punishments upon them And when they shall dare to come to disparage great men that act by Supream Authority men that act by their Consciences and because they cannot be steered by the humours of these sort of people therefore they must be looked upon as Papists or at least as bribed because they cannot comply with that base humour which some sort of persons have I take notice of this to your Lordship because one that is intrusted in as great a place for the welfare of this Nation as any whosoever is extreamly concerned in the affair of this day I mean the Lord Chief Justice of the King's Bench who being assisted with several other Judges because as far forth as it did appear to him did deliver the sense of the whole Court who for acting according to his Conscience and as he ought to do hath been libelled and reproached with as base a Book as ever was written against any Magistrate whatsoever If such things as this shall be permitted then there will be an end of your Lordships sitting here or any where else or of any other that shall act as a Magistrate ought to act and that shall not be afraid to do his duty But such is the happiness of this City in this Jury that I must confess I receive so much the greater satisfaction that it comes before them for as I know the men to be men of Loyalty and Affection to the Government and will be so just to him that if they do not find him guilty of the matter of the Information they will acquit him so on the other side they will not think themselves to be awed by a multitude or inslaved by private insinuations to debauch their consciences either in respect to God above or to the King his Vicegerent here on Earth therefore observe your duty to both that you may render to Caesar the things that be Caesars as well as to God the things that are God's Now as the KING is God's Vicegerent so is every Magistrate the KING's Vicegerent in that particular I would not take up so much of your Lordships time but that I see this is a matter of great expectation and I know that every word is taken in short-hand to be commented upon as persons humors shall steer them I do think as being the Mouth of the City of London it is my duty to speak thus much that I hope nay I may dare confidently affirm that the Generality of the City of London all good men and men of abilities c. Are for the KING and the Government as it is now established by Law At which there was a general hem through